6 Feb 2023
KHATIJAH BINTI MHD SALLEH
- Citation
- JH-86-1-04/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JH-86-1-04/2022 (Mahkamah Majistret)
The accused was discharged because the prosecution failed to adduce a prima facie case: the charge was impermissibly duplicitous by conflating distinct modes ('melulu' and 'membahayakan'), there was no eyewitness evidence, essential physical evidence (tyre/skid marks) was not forensically attributed to the accused's vehicle, and autopsy reports lacked satisfactory, consistent identification of the deceased; these defects collectively meant the elements of s.41(1) RTA 1987 were not proved beyond reasonable doubt.